Fulkerson v. Holmes
Supreme Court of the United States
ERROR TO THE OIRCÜIT CGURT OF THE UNITED. STATES FOE THE WESTERN DISTRICT OF VIRGINIA. This was an action of ejectment. -The defendants in error • were the plaintiffs iri .the Circuit Court, and were 'the heirs at1 law of John Holmes, deceased. They brought the action in August, 18Y1, to recover a tract of three thousand acres of land in Lee County, in ‘the State of Virginia. The defendants pleaded 'the general issue.
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ERROR TO THE OIRCÜIT CGURT OF THE UNITED. STATES FOE THE WESTERN DISTRICT OF VIRGINIA. This was an action of ejectment. -The defendants in error • were the plaintiffs iri .the Circuit Court, and were 'the heirs at1 law of John Holmes, deceased. They brought the action in August, 18Y1, to recover a tract of three thousand acres of land in Lee County, in ‘the State of Virginia. The defendants pleaded 'the general issue. The case was .tried by a jury, ,and there was. a verdict for. the plaintiffs, on which the court-rendered judgment, and the defendants sued out this writ of error. It appeared…
1Opinion of the CourtJustice Woods
He stated the case as above reported and continued :
It is first assigned for error that the Circuit Court “ allowed the deed from Samuel C. Young to John Holmes to be read in evidence without instructing the jury that the recitals therein in respect to the death of Samuel Young and the heirship of Samuel C. Young were not evidence against the defendants, even if it were admissible at all, without proof of its execution or possession accompanying and held under it.”
The deed of Samuel C. Young to John Holmes was rightfully admitted in evidence, as an ancient deed, without- proof by the…
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